Proceeds of Crime Act 2002

CHAPTER 4 - ADMINISTRATION  

PART 4-3 - CONFISCATED ASSETS ACCOUNT  

Division 1 - Establishment, crediting and payments out of the Account  

SECTION 296   Credits to the account  

296(1)  
There must be credited to the * Confiscated Assets Account amounts equal to:

(a)  * proceeds of confiscated assets; and

(aa)  

input tax credits:

(i) to which the *Official Trustee is entitled; and

(ii) that are in connection with disposals under section 70 or 100 ; and

(b)  money paid to the Commonwealth by a foreign country, within the meaning of the * Mutual Assistance Act, under a treaty or arrangement providing for mutual assistance in criminal matters; and

(c)  money paid to the Commonwealth under a * foreign pecuniary penalty order registered under section 34 of the Mutual Assistance Act; and

(d)  money deriving from the enforcement of an * interstate forfeiture order registered in a * non-governing Territory, other than money covered by a direction under subsection 70(2) or 100(2) ; and

(e)  amounts paid to the Commonwealth by a State or *self-governing Territory under the *equitable sharing program; and

(ea)  amounts paid to the Commonwealth by a State or self-governing Territory under the *national cooperative scheme on unexplained wealth; and

(f)  money, other than money referred to in paragraph (b), paid to the Commonwealth by a foreign country in connection with assistance provided by the Commonwealth in relation to the recovery by that country of the proceeds of * unlawful activity or the investigation or prosecution of unlawful activity; and

(g)  money paid to the Commonwealth under subsection 293(3) , and any amounts recovered by the Commonwealth as a result of executing a charge created under section 302A ; and

(gb)  

money (other than a penalty) that is paid by a person to the Commonwealth (directly or indirectly) under, or in connection with, a *foreign deferred prosecution agreement, and that represents any or all of the following:

(i) the whole or a part of *benefits the person derived from alleged *unlawful activity;

(ii) the whole or a part of property that is wholly or partly derived or realised by the person, directly or indirectly, from alleged unlawful activity;

(iii) the whole or a part of property that is used in, or in connection with, the commission of alleged unlawful activity;

(iv) the whole or a part of property that is intended to be used in, or in connection with, the commission of alleged unlawful activity; and

(h)  

the remainder of the money referred to in paragraph 35G(1)(b) of the *Mutual Assistance Act; and

(i)  the remainder of the proceeds referred to in paragraph 35G(2)(c) of the Mutual Assistance Act; and

(j)  the remainder of the proceeds referred to in paragraph 9A(c) of the Crimes Act 1914 ; and

(k)  the money referred to in paragraph 208DA(3)(a) of the Customs Act 1901 ; and

(l)  the remainder of the proceeds referred to in subparagraph 208DA(3)(b)(iii) of the Customs Act 1901 ; and

(m)  the amount referred to in subsection 243B(4) of the Customs Act 1901 ; and

(n)  the remainder of the money referred to in paragraph 243G(6)(a) of the Customs Act 1901 ; and

(o)  the remainder of the proceeds referred to in subparagraph 243G(6)(b)(iii) of the Customs Act 1901 .

296(2)  
(Repealed by No 4 of 2010)

296(3)  
The following are proceeds of confiscated assets :

(a)  the remainder of the money and amounts referred to in paragraph 70(1)(c) ;

(b)  

the amount referred to in paragraph 89(1)(c) or 90(1)(f) ;

(c)  the remainder of the money and amounts referred to in paragraph 100(1)(c) ;

(d)  

the amount referred to in paragraph 105(1)(c) or 106(1)(f) ;

(e)  

the amount referred to in subsection 140(1) , to the extent it has been paid to the Commonwealth;

(f)  

the amount referred to in subsection 167(1) , to the extent it has been paid to the Commonwealth;

(fa)  

the amount referred to in subsection 179R(1) , to the extent it has been paid to the Commonwealth;

(g)  the remainder of the money and amounts referred to in paragraph 284(1)(c) ;

(h)  the amount referred to in paragraph 284(2)(a) ;

(i)  

amounts paid to the Commonwealth in settlement of proceedings connected with this Act.

296(4)  
The equitable sharing program is an arrangement under which any or all of the following happen:

(a)  

the Commonwealth shares with a participating State or * self-governing Territory a proportion of any * proceeds of any * unlawful activity (other than *proceeds of confiscated assets that are shareable (within the meaning of the *NCSUW agreement)) recovered under a Commonwealth law, if, in the Minister's opinion, that State or Territory has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the relevant unlawful activity;

(b)  each participating State or Territory shares with the Commonwealth any proceeds resulting from a breach of the criminal law of that State or Territory if, in the opinion of the appropriate Minister of that State or Territory, officers of an * enforcement agency have made a significant contribution to the recovery of those proceeds;

(c)  

the Commonwealth shares with a foreign country a proportion of any proceeds of any unlawful activity (other than proceeds of confiscated assets that are shareable (within the meaning of the NCSUW agreement)) recovered under a Commonwealth law if, in the Minister's opinion, the foreign country has made a significant contribution to the recovery of those proceeds or to the investigation or prosecution of the unlawful activity.



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